Latest / Beyond The Horizon / Mega Edition: The State Of Idaho And The Strength Of Their Case Against Bryan Kohberger (9/17/26)
Transcript
- 0:00Speaker 1: What's up everyone and welcome back to the program. Brian
- 0:05Speaker 1: Koberger was back in court on Tuesday of this week
- 0:09Speaker 1: and there were several different issues that were being discussed
- 0:13Speaker 1: by the defense and the prosecution in front of Judge
- 0:17Speaker 1: John Judge in the Latah County courtroom. Several issues were
- 0:22Speaker 1: heard and several issues were dealt with, but there were
- 0:25Speaker 1: still a few issues that were still simmering on the
- 0:28Speaker 1: back burner. especially surrounding things such as the grand jury
- 0:33Speaker 1: testimony and DNA evidence that they say that they have
- 0:38Speaker 1: not received yet. Now, the judge didn't make any rulings. However,
- 0:43Speaker 1: he did set a July 14th deadline for some of
- 0:46Speaker 1: these records to be turned over. So now that we're
- 0:50Speaker 1: moving along here and things are certainly taking shape, what's
- 0:55Speaker 1: the case that the state of Idaho is making against
- 0:58Speaker 1: Brian Kohlberger? Today's article is from Newsweek and the headline,
- 1:03Speaker 1: The Case Against Brian Kohlberger. This article was authored by
- 1:08Speaker 1: Kalita Rahman. Prosecutors have yet to reveal the full extent
- 1:13Speaker 1: of their case against Brian Kohlberger, the man accused of
- 1:17Speaker 1: stabbing four University of Idaho students to death late last year.
- 1:22Speaker 1: But Latah County Prosecutor Bill Thompson filed the notice of
- 1:26Speaker 1: his intent to seek the death penalty in court on Monday. Kohlberger, 28,
- 1:32Speaker 1: is accused of breaking into a rental house near the
- 1:35Speaker 1: university campus in Moscow, Idaho, and fatally stabbing Kaylee Gonsalves,
- 1:41Speaker 1: Madison Mogan, Zanna Kernodle, and Ethan Chapin. And the fact
- 1:45Speaker 1: that they're going after this as a capital punishment case
- 1:49Speaker 1: certainly leads me to believe that they have their ducks
- 1:51Speaker 1: in a row. And as the prosecution, when you're going
- 1:55Speaker 1: after a capital punishment case, you can't have any missteps.
- 1:58Speaker 1: You can't step on anyone's constitutional rights. There can't be
- 2:01Speaker 1: any sort of nonsense because if there is, like we
- 2:06Speaker 1: saw with the Lori Vallow trial, the judge can step
- 2:09Speaker 1: in and take the death penalty off of the table.
- 2:13Speaker 1: So if the prosecutors really want to get that conviction
- 2:16Speaker 1: when all is said and done, they have to make
- 2:19Speaker 1: sure all of their stuff is buttoned up. The slaying
- 2:22Speaker 1: stunned the community and garnered widespread attention. Kohlberger, who was
- 2:27Speaker 1: a graduate student studying criminology at Washington State University in
- 2:31Speaker 1: nearby Pullman, was arrested at his parents' home in Pennsylvania
- 2:35Speaker 1: in late December. Kohlberger was back in court on Tuesday.
- 2:40Speaker 1: His attorneys are asking the court to order prosecutors to
- 2:43Speaker 1: turn over more evidence about the DNA found during the investigation.
- 2:48Speaker 1: They also want more information about the searches of Kohlberger's
- 2:51Speaker 1: phone and social media records, as well as the surveillance
- 2:55Speaker 1: footage used to identify the make and model of his car.
- 3:00Speaker 1: And like I said earlier, I think all of that
- 3:03Speaker 1: is pretty reasonable. If I was on trial for my life,
- 3:06Speaker 1: I'd want access to all of that information, right?
- 3:09Speaker 2: Wouldn't you?
- 3:10Speaker 1: So for me, I think that transparency is the best
- 3:14Speaker 1: way to go. And that means from the prosecution as well.
- 3:18Speaker 1: When you're being transparent and you're turning over everything you have,
- 3:22Speaker 1: That signals to the rest of the world that you
- 3:24Speaker 1: have a strong ass case and you're ready to rock
- 3:27Speaker 1: and roll. But when you dog walk stuff, it might
- 3:30Speaker 1: lead people to believe that you don't have a strong
- 3:33Speaker 1: case and you're trying to buy more time. And that's
- 3:36Speaker 1: what Brian Kohlberger's defense team has inferred with these court filings.
- 3:40Speaker 1: And of course, the prosecution denies this and they say
- 3:43Speaker 1: that they've turned over everything that they have and they're
- 3:46Speaker 1: still waiting on FBI test results. So that's the deadline
- 3:50Speaker 1: that Judge Judge set at the hearing on Tuesday. And
- 3:54Speaker 1: that deadline is July 14th. That's when these records, according
- 3:59Speaker 1: to Judge Judge, and the order that he put out
- 4:02Speaker 1: on Tuesday, have to be turned over. So the FBI
- 4:05Speaker 1: better kick their ass into gear and get all of
- 4:07Speaker 1: this taken care of. In a recent motion to compel discovery,
- 4:11Speaker 1: Kohlberger's defense attorney, Ann Taylor, said prosecutors have only provided
- 4:15Speaker 1: the DNA profile that was taken from traces found on
- 4:19Speaker 1: the snap of the knife sheath, not the DNA profiles
- 4:22Speaker 1: belonging to three other unidentified males that were developed during
- 4:27Speaker 1: the investigation.
- 4:29Speaker 2: And for me, the fact that there's other profiles here
- 4:32Speaker 2: was expected.
- 4:34Speaker 1: If you go back and listen to some of the
- 4:36Speaker 1: earlier episodes where we were talking about this, I said
- 4:39Speaker 1: that I expect there to be profiles of unknown males
- 4:42Speaker 1: throughout this house. It was a party house. People were
- 4:45Speaker 1: there all the time, hanging out, having fun. Of course,
- 4:48Speaker 1: there's going to be profiles of unknown males. Now, if
- 4:52Speaker 1: that profile was found on the knife sheath, then that
- 4:55Speaker 1: would be a big deal. That would be earth shattering.
- 4:58Speaker 1: That would be breaking news. But the fact that there
- 5:00Speaker 1: were three other male profiles that were found at the
- 5:04Speaker 1: scene and were put together through DNA patterns does not
- 5:08Speaker 1: shock me at all. In fact, I'm shocked that it's
- 5:10Speaker 1: only three. considering how busy this house was, how much
- 5:14Speaker 1: of a hub of activity it was, you would think
- 5:16Speaker 1: that there'd be a shit ton of profiles that nobody
- 5:20Speaker 1: has any idea about. Now, with that said, I think
- 5:22Speaker 1: Ann Taylor is doing the right thing here for a
- 5:24Speaker 1: defense attorney. She's trying to sow some seeds of doubt. Look,
- 5:28Speaker 1: there's other people at this house. How do you know
- 5:30Speaker 1: it's my client? And if it wasn't for that knife sheath,
- 5:34Speaker 1: then Brian Kohlberger would have a legitimate chance at bashing
- 5:38Speaker 1: some of this other evidence and not just piece by piece,
- 5:42Speaker 1: but overall, the totality of it. With the DNA evidence
- 5:46Speaker 1: against him, though, it makes it very difficult for him
- 5:50Speaker 1: and his team to come up with a proper defense.
- 5:53Speaker 1: Other motions to compel discovery by Taylor argue that prosecutors
- 5:57Speaker 1: have not handed over materials in the case that she
- 6:00Speaker 1: believes contain exculpatory evidence. Kohlberger's attorney also filed a motion
- 6:05Speaker 1: earlier in June requesting more time to decide whether whether
- 6:09Speaker 1: to offer a formal alibi. Now, usually, if you're not
- 6:14Speaker 1: guilty of a crime, you want to add up an
- 6:16Speaker 1: alibi and get it delivered. I was with so-and-so. We
- 6:20Speaker 1: were playing video games and smoking crank, whatever it is.
- 6:24Speaker 1: But here, Brian Koberger, he doesn't know if he's offering
- 6:28Speaker 1: one up. That leads me to believe he doesn't have one.
- 6:31Speaker 1: If you have an alibi, that's one of the first
- 6:33Speaker 1: things you're saying, right?
- 6:34Speaker 2: Wasn't me, bro. Go check the tape.
- 6:36Speaker 1: You got the wrong guy with bushy eyebrows. Police had
- 6:40Speaker 1: released few details about their investigation until after Kohlberger was
- 6:44Speaker 1: arrested at his parents' home in Albrightville, Pennsylvania on December
- 6:48Speaker 1: 30th of 2022. A probable cause affidavit detailed how investigators
- 6:55Speaker 1: pieced together DNA evidence, cell phone data, and surveillance video
- 7:00Speaker 1: to connect Kohlberger to the crime. So it was all
- 7:03Speaker 1: of that evidence in its totality that led to the
- 7:07Speaker 1: probable cause affidavit, and all of that was glued together
- 7:10Speaker 1: by the DNA profile found on the knife sheath. A
- 7:15Speaker 1: probable cause affidavit detailed how investigators pieced together DNA evidence,
- 7:20Speaker 1: cell phone data, and surveillance video to connect Kohlberger to
- 7:24Speaker 1: the crime. In court documents, prosecutors said DNA taken from
- 7:29Speaker 1: Kohlberger after his arrest is a statistical match to DNA
- 7:33Speaker 1: found on a knife sheath inside the home where the
- 7:36Speaker 1: students were killed. So the people out there who continue
- 7:39Speaker 1: to think Kohlberger is innocent, I would truly love to
- 7:42Speaker 1: know what leads you to believe that. With the DNA
- 7:46Speaker 1: on the knife sheath, how do you explain that? Because
- 7:49Speaker 1: I'm all ears, right? I'm not here to convict the
- 7:51Speaker 1: dude before he goes to trial. I might think he's guilty,
- 7:55Speaker 1: but that doesn't mean I'm ready to just slam the
- 7:58Speaker 1: jail door closed on him and forget about him. I
- 8:01Speaker 1: want the process to play out and I want it
- 8:04Speaker 1: to be transparent. But I don't know what anyone's thinking
- 8:07Speaker 1: out there who thinks as of right now with everything
- 8:11Speaker 1: that we know that Brian Kohlberger is being railroaded or
- 8:14Speaker 1: that he is innocent of these crimes because until somebody
- 8:18Speaker 1: can explain how this knife sheath with Brian Kohlberger's DNA
- 8:22Speaker 1: ended up on a bed with two murdered girls, then
- 8:25Speaker 1: I'm going to have to continue to think that the
- 8:27Speaker 1: police have the right guy. Now, I'm sure there's people
- 8:31Speaker 1: out there that would tell me that he was framed.
- 8:34Speaker 1: Somebody snuck into the house, has his DNA on this sheath,
- 8:37Speaker 1: and slid it under Maddie Mogan. All the while, mind you,
- 8:40Speaker 1: not getting their own DNA on it. So, some mastermind criminal,
- 8:45Speaker 1: Hannibal Lecter-level sophistication, decided to frame Brian Koberger. That's what
- 8:50Speaker 1: you want me to believe? Well, you're going to have
- 8:51Speaker 1: to prove that. And of course he's innocent and he
- 8:54Speaker 1: doesn't have to prove his innocence. But if he's making
- 8:57Speaker 1: an assertion saying that somebody's framing him, he's going to
- 9:01Speaker 1: have to provide some evidence of that. And he's going
- 9:03Speaker 1: to have to provide something of substance besides just saying, oh,
- 9:08Speaker 1: I was framed. A white sedan that prosecutors say matched
- 9:11Speaker 1: a Hyundai Elantra owned by Kohlberger was caught on surveillance
- 9:15Speaker 1: footage repeatedly driving past the rental home around the time
- 9:19Speaker 1: of the killings, the affidavit said. It said Koberger's phone
- 9:23Speaker 1: was either turned off or on airplane mode around the
- 9:26Speaker 1: time of the killings, but the data right before it
- 9:29Speaker 1: was turned off suggesting he was heading in the direction
- 9:33Speaker 1: of home while data after it was turned back on
- 9:37Speaker 1: suggested he was heading away from there. So piecing it
- 9:40Speaker 1: all together, they have not only Brian Koberger at the scene,
- 9:45Speaker 1: but they have a complete timeline, at least as far
- 9:48Speaker 1: as the surveillance gives them, as to when all of
- 9:52Speaker 1: this was occurring, and to what Brian Kohlberger's movements were
- 9:56Speaker 1: during this time period. So again, if that was all
- 9:59Speaker 1: they had, I would say look this is a terrible
- 10:01Speaker 1: case and this dude's gonna walk but there's a lot
- 10:05Speaker 1: more here and when you have that DNA evidence on
- 10:09Speaker 1: that sheath it is very very very difficult to challenge
- 10:12Speaker 1: that and that's why they're going after the records for
- 10:16Speaker 1: the personnel who were working on the DNA and They're
- 10:19Speaker 1: going after all of these technicalities because they know the
- 10:22Speaker 1: DNA itself and the fact that it's a statistical match.
- 10:26Speaker 2: That sort of.
- 10:27Speaker 1: Thing is unchallengeable for the defense. So they understand that
- 10:32Speaker 1: they have to go after it from a technical standpoint.
- 10:35Speaker 1: A recent filing by prosecutors detailed for the first time
- 10:39Speaker 1: how law enforcement officials used investigative genetic genealogy to link
- 10:43Speaker 1: DNA from the knife sheath to Kohlberger. They said their investigation...
- 10:48Speaker 1: found that the DNA was at least 5.37 octillion times
- 10:52Speaker 1: more likely to belong to Kohlberger than an unrelated member
- 10:56Speaker 1: of the public.
- 10:57Speaker 2: Please explain that.
- 11:00Speaker 1: If it's not Kohlberger, then how the hell did that
- 11:02Speaker 1: DNA profile get on the knife sheath and then have
- 11:06Speaker 1: the knife sheath get into this home? Prosecutors have not
- 11:10Speaker 1: revealed any details about a possible motive or whether they
- 11:14Speaker 1: have any evidence tying Kohlberger to the victims, and they
- 11:18Speaker 1: don't have to release that yet. That's all stuff that's
- 11:20Speaker 1: going to come out later on down the road. In
- 11:23Speaker 1: a recent court filing opposing prosecutors' motions seeking to protect
- 11:28Speaker 1: information related to the use of investigative genetic genealogy in
- 11:32Speaker 1: the case, an attorney representing Kohlberger said there is no
- 11:36Speaker 1: connection between Kohlberger and and the slain students. Jay Weston Logson,
- 11:41Speaker 1: an attorney with the Kootenai County Public Defender's Office, wrote
- 11:45Speaker 1: that there is no explanation for the total lack of
- 11:48Speaker 1: DNA evidence from the victims in Mr. Kohlberger's apartment, office, home,
- 11:53Speaker 1: or vehicle. Let's not act like he was arrested the
- 11:55Speaker 1: day after. The guy had, what, six, seven weeks to
- 11:59Speaker 1: get rid of evidence to clean things up? And I
- 12:02Speaker 1: think that he had that car ready to go. Might
- 12:05Speaker 1: have had some plastic in the car, something like that,
- 12:08Speaker 1: so that when he got in that vehicle, whatever DNA
- 12:11Speaker 1: he might have had on him transferred to the plastic,
- 12:13Speaker 1: and he took that plastic and took it to a
- 12:15Speaker 1: burn site.
- 12:16Speaker 2: Why the hell did he take.
- 12:17Speaker 1: The long way home? That's a question everybody should be
- 12:20Speaker 1: asking themselves. He also said it remains unclear what police
- 12:24Speaker 1: relied on in focusing their investigation on Kohlberger. The most
- 12:28Speaker 1: important evidence in the case for prosecutors is that which
- 12:32Speaker 1: puts Kohlberger at the scene of the murders. Niyama Rahmani,
- 12:36Speaker 1: a former federal prosecutor and president of West Coast trial lawyers,
- 12:40Speaker 1: told Newsweek, and that's where I'm at. If it wasn't
- 12:44Speaker 1: for that sheath with the DNA on it, I'd be
- 12:47Speaker 1: much more open to hear stories about Brian Kohlberger possibly
- 12:51Speaker 1: being innocent. But with that DNA evidence that ties him
- 12:55Speaker 1: directly to all of this, I have a hard time
- 12:58Speaker 1: coming up with a scenario where it leads to somebody
- 13:01Speaker 1: that isn't Brian Koberger. The DNA is helpful, but it's
- 13:04Speaker 1: only a single source and not as much as you
- 13:07Speaker 1: would expect for such a bloody murder scene. And is
- 13:10Speaker 1: that where Brian Koberger's training in criminology came in? Did
- 13:14Speaker 1: he know how to protect himself, as in what to wear,
- 13:17Speaker 1: how to prepare his car if he was going to
- 13:20Speaker 1: be leaving with DNA on him? Remember, this guy is
- 13:23Speaker 1: a PhD candidate and somebody who you would think knows
- 13:27Speaker 1: about murder scenes and evidence that you're finding if you're
- 13:31Speaker 1: performing a homicide investigation. So did he take some steps
- 13:36Speaker 1: to safeguard himself from the transfer.
- 13:38Speaker 2: Of the DNA? Very possible. Can help.
- 13:42Speaker 1: The cell phone evidence appears to show Koberger leaving Washington State,
- 13:45Speaker 1: but stops before he gets to Moscow, Idaho, Rachmani noted.
- 13:49Speaker 1: The video surveillance shows a white Hyundai Elantra, but it's
- 13:53Speaker 1: not definitive. He added, short of direct evidence putting Koberger
- 13:57Speaker 1: at the scene, the next best evidence for the prosecution
- 14:01Speaker 1: is evidence of the victim's blood, hair, or something similar
- 14:05Speaker 1: in Koberger's vehicle, apartment, or parents' house. But according to
- 14:09Speaker 1: defense filings, that evidence is lacking. Finally, although it isn't
- 14:14Speaker 1: an element of the crime, the state would like to
- 14:16Speaker 1: have some evidence of motive, whether it be stalking or otherwise.
- 14:21Speaker 1: And here's where I think the fact that Kohlberger was
- 14:24Speaker 1: allegedly lurking around the Mad Greek and the Idaho campus
- 14:29Speaker 1: is going to come into play. You want to talk
- 14:31Speaker 1: about motive? You want to talk about no connection to
- 14:34Speaker 1: these girls? Well, no connection that's been released. Didn't we
- 14:38Speaker 1: hear he had a picture of one of them on
- 14:40Speaker 1: his cell phone? Wasn't he following them on Instagram? And
- 14:44Speaker 1: if it's confirmed that he did go to the Mad
- 14:46Speaker 1: Greek and the campus, well, there's your connection right.
- 14:49Speaker 2: There, folks. There's your stalking.
- 14:52Speaker 1: The case has fundamentally changed now that the state has
- 14:55Speaker 1: filed the notice of intent to seek the death penalty
- 14:58Speaker 1: against Koberger, said Michael McAuliffe, a former federal prosecutor and
- 15:03Speaker 1: elected state attorney. The defense will continue to push back
- 15:07Speaker 1: against the forensic and the DNA evidence developed during the
- 15:11Speaker 1: investigation that links the defendant to the crime scene, McAuliffe
- 15:15Speaker 1: told Newsweek. However, now that Kohlberger's possible execution is part
- 15:19Speaker 1: of the case, the defense team will.
- 15:21Speaker 2: Re-evaluate its goals, he said.
- 15:24Speaker 1: Often in death penalty cases where there is strong evidence
- 15:27Speaker 1: of guilt and particularly horrible facts, The defense strategy shifts
- 15:32Speaker 1: from obtaining a not guilty outcome to saving the client's life.
- 15:37Speaker 1: Simply the risk change for the defendant in a capital case.
- 15:41Speaker 1: So that could be what they're pining for here as well. Remember,
- 15:44Speaker 1: we don't know what's going on behind the scenes for
- 15:47Speaker 1: the prosecution or for Brian Koberger's lawyers. We don't know
- 15:51Speaker 1: what their exact strategy is going to be, but it
- 15:54Speaker 1: certainly looks like they're going to try and challenge the
- 15:57Speaker 1: technicalities here and not so much the evidence. Prosecutors presumably
- 16:02Speaker 1: have solicited the views of the victim's families regarding the
- 16:06Speaker 1: death penalty and will continue to consult them during every
- 16:09Speaker 1: stage of the case, he said. However, the ultimate issue
- 16:14Speaker 1: of whether to resolve the case with a guilty plea
- 16:17Speaker 1: if the death penalty is withdrawn is the prosecutor's decision
- 16:21Speaker 1: to make, McAuliffe said. While the defense had not publicly
- 16:25Speaker 1: raised the possibility of a guilty plea, the issue will
- 16:28Speaker 1: become more and more central to the case as it
- 16:31Speaker 1: moves closer to trial. Under Idaho's death penalty statute, life
- 16:36Speaker 1: without parole is an alternative to the death penalty. So
- 16:40Speaker 1: it's possible that he ends up getting life without parole.
- 16:44Speaker 1: But the government of Idaho has already come out and
- 16:47Speaker 1: stated that they're looking for capital punishment. Last week, 2nd
- 16:52Speaker 1: District Judge John Judge denied a request to lift a
- 16:55Speaker 1: gag order in the case, but... did significantly narrow it.
- 17:00Speaker 1: The revised YAG order prohibits any attorney representing the parties, victims,
- 17:05Speaker 1: or witnesses in the case from making statements that could
- 17:08Speaker 1: have a substantial likelihood of prejudicing or otherwise influencing the
- 17:14Speaker 1: outcome of the case. They are allowed to comment about
- 17:18Speaker 1: information contained in the public record, procedural issues, scheduling, and
- 17:23Speaker 1: make statements that a lawyer would reasonably believe is required
- 17:27Speaker 1: to protect their client from the substantial undue prejudicial effect
- 17:32Speaker 1: of recent publicity not initiated by the lawyer or the
- 17:36Speaker 1: lawyer's client. So in layman's terms, media and speculation by
- 17:41Speaker 1: members of the public who are interested in the case
- 17:44Speaker 1: on social media. That's what they're talking about here. But
- 17:48Speaker 1: they are barred from sharing opinions about the guilt or
- 17:51Speaker 1: innocence of a defendant outside of the courtroom, the identity
- 17:55Speaker 1: or nature of evidence expected to be presented at trial,
- 17:59Speaker 1: or information that they know wouldn't be admitted in court.
- 18:03Speaker 1: They also cannot speak about the character or credibility of
- 18:07Speaker 1: a witness, expected testimony, or the likelihood of a plea deal.
- 18:12Speaker 1: So it's pared back significantly, no doubt about it. And
- 18:15Speaker 1: the fact that they can answer procedural questions The fact
- 18:18Speaker 1: that they can answer questions that don't have to do
- 18:21Speaker 1: with the actual evidence is a big deal. Because law
- 18:24Speaker 1: enforcement was turtling up before and not wanting to answer
- 18:28Speaker 1: basic questions about, you know, how much it cost for
- 18:32Speaker 1: the investigation, stuff like that. Stuff that had nothing to
- 18:35Speaker 1: do with the actual prosecution. But they were using the
- 18:39Speaker 1: gag order to shield themselves from answering any questions whatsoever.
- 18:44Speaker 1: Now that's not possible anymore. But now that this is
- 18:47Speaker 1: a death penalty case, things have moved to a different level.
- 18:50Speaker 1: And the case against Brian Kohlberger needs to be airtight.
- 18:54Speaker 1: All right, folks, that's going to do it for this one.
- 18:57Speaker 1: All of the information that goes with the episode can
- 19:00Speaker 1: be found in the description box. What everyone and welcome back.
- 19:05Speaker 2: To the program. After a period of relative.
- 19:08Speaker 1: Silence surrounding the murders in Moscow, we have some news
- 19:13Speaker 1: in the last couple of days to talk about. Yesterday,
- 19:16Speaker 1: we were talking about the gag order that was upheld
- 19:20Speaker 1: by the Supreme Court of Idaho, and we were also
- 19:23Speaker 1: talking about the subpoena that has been sent to Bethany Funk. Well,
- 19:28Speaker 1: now we're learning that two new prosecutors have been added
- 19:32Speaker 1: to the team, as the state of Idaho continues to
- 19:36Speaker 1: pursue a conviction against Brian Kohlberger. Now, on the face
- 19:41Speaker 1: of it, it doesn't look to be that significant considering
- 19:45Speaker 1: the complex nature of a case such as this. So
- 19:48Speaker 1: it makes sense for them to add some prosecutors onto
- 19:51Speaker 1: the team. But it also signals, at least to me,
- 19:55Speaker 1: that there is no doubt that the prosecution and the
- 19:59Speaker 1: state of Utah is going to be looking for the
- 20:02Speaker 1: death penalty. Will they get it? Well, that's a whole
- 20:04Speaker 1: different question. But in my opinion... I think that the
- 20:08Speaker 1: death penalty for Brian Kohlberger is the only way for
- 20:12Speaker 1: the prosecution to go here. You have the death penalty
- 20:15Speaker 1: on the books in the state of Idaho. You have
- 20:18Speaker 1: one of the, if not the most gruesome murders in
- 20:21Speaker 1: the history of the state. And you have a whole
- 20:24Speaker 1: ass state of voters who are looking at the prosecutor,
- 20:28Speaker 1: now Bill Thompson, and demanding and expecting justice. And from
- 20:33Speaker 1: this move here, it certainly looks like Bill Thompson is
- 20:35Speaker 1: going to give it to them. Today's article is from
- 20:39Speaker 1: Newsweek and the headline, Brian Koberger case gets new prosecutors.
- 20:44Speaker 1: This article was authored by Gerard Keonga. Two special assistant
- 20:49Speaker 1: attorneys general have been appointed to the Brian Koberger Idaho
- 20:52Speaker 1: murder case, according to reports. News Nation's Brian Enten took
- 20:57Speaker 1: to Twitter on Monday and tweeted that the Latah County
- 21:00Speaker 1: prosecutor had asked for the state's assistance and that this
- 21:03Speaker 1: request was granted by the judge. And again, when you
- 21:07Speaker 1: have a case that is complex, a lot of times
- 21:10Speaker 1: you'll see this kind of thing where a prosecutor's office
- 21:14Speaker 1: asks the state to bolster their team because they feel
- 21:17Speaker 1: like they have a gigantic workload or they feel like
- 21:21Speaker 1: it's going to be just a monstrous task to get
- 21:24Speaker 1: the conviction. So they bring on other team members. And
- 21:27Speaker 1: then when you add on the other spicy end of it,
- 21:31Speaker 1: which is a death penalty and how complex that becomes, well,
- 21:35Speaker 1: you have yourselves Quite the legal battle. And that's exactly
- 21:39Speaker 1: what's gearing up here. Koberger has been held in jail
- 21:42Speaker 1: since his extradition to Idaho in early January to face
- 21:45Speaker 1: charges in the deaths of Kaylee Gonsalves, Madison Mogan, Zanna Kernodle,
- 21:50Speaker 1: and Ethan Chapin. He is alleged to have fatally stabbed
- 21:54Speaker 1: each of the victims in the off-campus residence at 1122
- 21:58Speaker 1: King Road in Moscow, Idaho on November 13th, 2022. On
- 22:04Speaker 1: December 30th, Koberger, 28, was arrested at his parents' residence
- 22:09Speaker 1: in Albrightville, Pennsylvania. He was charged with four counts of
- 22:12Speaker 1: first-degree murder and one count of felony burglary. Koberger was
- 22:16Speaker 1: attending Washington State University at the time of the murders,
- 22:20Speaker 1: with his former lawyer in Pennsylvania saying that his client
- 22:24Speaker 1: was eager to be exonerated. Koberger hasn't yet entered a
- 22:28Speaker 1: plea to four counts of first-degree murder and burglary, and
- 22:32Speaker 1: we know now that Koberger's team is trying to get
- 22:35Speaker 1: Bethany Funk to come and provide testimony during the prelim hearings.
- 22:40Speaker 1: And according to their investigator, Rich Batanti, and Ann Taylor's office, well,
- 22:46Speaker 1: Bethany Funk has exculpatory evidence that could help Brian Koberger out.
- 22:53Speaker 1: And that's what they're asserting with this subpoena. Now, we
- 22:56Speaker 1: know that the subpoena is being challenged by Bethany Funk's lawyer.
- 23:00Speaker 1: And with her being a resident of Nevada, and not
- 23:03Speaker 1: a resident of Idaho anymore, there certainly are a few
- 23:07Speaker 1: more hoops that have to be jumped through. And I'm
- 23:10Speaker 1: very curious to see how this all ends up. I
- 23:12Speaker 1: wonder if they're going to compel her to come and
- 23:14Speaker 1: testify here. And if they do, will the prosecution look
- 23:18Speaker 1: to pull an end around and go to a grand
- 23:20Speaker 1: jury instead to get the indictment? Because that's certainly a
- 23:23Speaker 1: possibility as well. And there's no doubt that grand jury
- 23:27Speaker 1: proceedings are stacked in the favor of the state. Remember,
- 23:30Speaker 1: when there's a grand jury impaneled against you, you don't
- 23:33Speaker 1: have anyone there defending you. Not your lawyer, not you, nothing.
- 23:37Speaker 1: So the grand jury is impaneled in secret. They get
- 23:40Speaker 1: the evidence that the prosecution wants them to see. And
- 23:43Speaker 1: then the jury for the grand jury, they'll make their
- 23:46Speaker 1: decision based off of that. But I'm not a real
- 23:49Speaker 1: big fan of the grand jury in general. I like
- 23:52Speaker 1: transparency in the court. And when we're talking about a
- 23:55Speaker 1: grand jury, there is little to none of that. It
- 23:58Speaker 1: showed that prosecuting attorney William W. Thompson Jr., who also
- 24:02Speaker 1: goes by Bill Thompson, was seeking to appoint Deputy Attorney
- 24:06Speaker 1: General Jeff Nye and Deputy Attorney General Ingrid Beatty for
- 24:11Speaker 1: the roles. The petition went on to say, that Thompson
- 24:14Speaker 1: wished to fully utilize the expertise and additional resources of
- 24:19Speaker 1: the office of the Attorney General in this case. Criminal
- 24:23Speaker 1: defense attorney Jessica Bublitz spoke with Enten on NewsNation on
- 24:27Speaker 1: Monday night and reflected on this latest development. She said,
- 24:31Speaker 1: We're still in the discovery process. We haven't even made
- 24:34Speaker 1: it to the prelim hearing. You have to realize that
- 24:37Speaker 1: the prelim hearing is the beginning. That's where they find
- 24:40Speaker 1: probable cause. After that is probably where he, Koberger, would
- 24:45Speaker 1: plead guilty or not guilty. Of course, it's just the beginning.
- 24:49Speaker 1: We haven't even dipped our toes in the pool yet,
- 24:52Speaker 1: but the time where we take a dive in is
- 24:54Speaker 1: certainly getting closer. We're still at the very early stages,
- 24:58Speaker 1: and it doesn't really signify anything to me other than
- 25:01Speaker 1: this would be a good time to bring in some
- 25:04Speaker 1: additional resources. I happen to disagree, and I think that
- 25:08Speaker 1: it is another shot across the bow And another tell
- 25:13Speaker 1: that they're looking for the death penalty here. Koberger's defense
- 25:17Speaker 1: team has also been taking steps to prepare for the
- 25:20Speaker 1: upcoming trial. Over the weekend, Koberger's defense team filed a
- 25:24Speaker 1: court document seeking to have Bethany Funk testify. Funk was
- 25:28Speaker 1: one of the two roommates of the four victims who
- 25:31Speaker 1: survived the incident. And you know that Bethany Funk has
- 25:34Speaker 1: already said she doesn't want to testify on behalf of Koberger.
- 25:38Speaker 1: So her lawyers and Brian Koberger's defense team, they're going
- 25:42Speaker 1: to battle this out now in court and a judge
- 25:44Speaker 1: is going to have to make a decision. The document read,
- 25:48Speaker 1: portions of information Ms. Funk has is exculpatory to the defendant. Ms.
- 25:53Speaker 1: Funk's information is unique to her experiences and cannot be
- 25:57Speaker 1: provided by another witness. Bethany Funk resides in the state
- 26:01Speaker 1: of Nevada and it is necessary to subpoena this witness
- 26:05Speaker 1: because the witness testimony is material evidence and necessary to
- 26:09Speaker 1: this case. So what they're saying is, Bethany Funk has
- 26:13Speaker 1: some kind of information here that only she can provide.
- 26:16Speaker 1: And what that information is, is anyone's guess. But their investigator,
- 26:21Speaker 1: Rich Batanti, says that he found information that he feels
- 26:25Speaker 1: is exculpatory for Brian Koberger. So of course, his defense team,
- 26:29Speaker 1: they want to call her as a witness now because
- 26:31Speaker 1: they say they have uncovered this new evidence. And on
- 26:35Speaker 1: the flip side of that, her team is saying, go
- 26:37Speaker 1: get stuffed. She's not even a resident of Idaho and
- 26:41Speaker 1: your subpoena doesn't have binding power. So it's going to
- 26:44Speaker 1: be interesting to see which way the judge rules in
- 26:47Speaker 1: this matter. Now, before we end this episode, let's go
- 26:50Speaker 1: through these court documents real quick, considering they're so short.
- 26:54Speaker 1: The first one we have is the petition for appointment
- 26:58Speaker 1: of Special Assistant Attorney General. Case number CR 29-22-2805. State
- 27:03Speaker 1: of Idaho plaintiff versus Brian Koberger, the defendant. comes now
- 27:09Speaker 1: the Latah County Prosecuting Attorney, William W. Thompson Jr., and
- 27:13Speaker 1: pursuant to Idaho Code, Section 31-2603, Section B, and 67-1401,
- 27:20Speaker 1: Section 7. Petitions in this court for the appointment of
- 27:25Speaker 1: Special Assistant Attorneys General and in support of this request states, 1.
- 27:29Speaker 1: I am the duly elected Latah County Prosecuting Attorney. 2.
- 27:34Speaker 1: I have the duty to prosecute all felony criminal actions
- 27:37Speaker 1: committed in Latah County, pursuant to Idaho Code 31-2604, as
- 27:43Speaker 1: prosecuting attorney. 3. I petition the court to appoint Deputy
- 27:48Speaker 1: Attorney General Jeff Nye and Deputy Attorney General Ingrid Beatty
- 27:53Speaker 1: as Special Assistant Attorneys General to assist in the prosecution
- 27:57Speaker 1: of State v. Kohlberger, case number CR 29-22-2805. 4. I
- 28:05Speaker 1: seek assistance in this case in order to utilize the
- 28:08Speaker 1: expertise and additional resources of the Office of the Attorney General. Five,
- 28:14Speaker 1: the Attorney General's Office has agreed in writing to assist
- 28:18Speaker 1: the Latah County Prosecuting Attorney's Office in this matter. Pursuant
- 28:22Speaker 1: to this written agreement, the Attorney General's Office agreed to
- 28:25Speaker 1: pay the salaries of its personnel.
- 28:28Speaker 2: Who assist the prosecution. This was dated on April 24th.
- 28:34Speaker 1: Of 2023 and signed by William Thompson. So you see,
- 28:39Speaker 1: there's the order itself asking for the help and giving
- 28:42Speaker 1: a little bit more context on why they want that
- 28:45Speaker 1: help and who's going to pay for it. So they're
- 28:48Speaker 1: bolstering their team. And the prosecution in Idaho, they're gearing up, folks.
- 28:53Speaker 1: And what it looks like to me is they're gearing
- 28:55Speaker 1: up not only to go after Brian Kohlberger and get
- 28:59Speaker 1: a conviction, but to seek the most harsh penalty of
- 29:03Speaker 1: them all, And that is the death penalty. All right, folks,
- 29:08Speaker 1: as usual, we'll keep on it. And anytime there is
- 29:11Speaker 1: some new information that pops up, we'll get it added
- 29:14Speaker 1: to the catalog right away. All of the information that
- 29:18Speaker 1: goes with this episode can be found in the description box.
- 29:23Speaker 1: What's up, everyone, and welcome back to the program. Now
- 29:28Speaker 1: that there's a suspect, in the murders in Moscow, the
- 29:31Speaker 1: question becomes, will this suspect face the death penalty? And
- 29:36Speaker 1: for those of you who have been following me for
- 29:38Speaker 1: some time, you know, I'm usually not a big fan
- 29:41Speaker 1: of the death penalty. I'm not a fan of the
- 29:43Speaker 1: state being able to take the life of citizens. It
- 29:47Speaker 1: just doesn't really sit well with me in most circumstances. However,
- 29:52Speaker 1: When you have circumstances like this, where four people are
- 29:55Speaker 1: murdered in cold blood and there is direct evidence or
- 29:59Speaker 1: what the prosecution says is direct evidence, and that's proven
- 30:03Speaker 1: in a court of law in front of a jury
- 30:05Speaker 1: of your peers. Well, then that's when I think the
- 30:09Speaker 1: death penalty should be on the table. And if Brian
- 30:13Speaker 1: Koberger is the man responsible for these murders, in my opinion,
- 30:18Speaker 1: after conviction, he most certainly should be put to death.
- 30:22Speaker 1: But I don't think he should be put to death
- 30:24Speaker 1: by a lethal injection or the electric chair or anything
- 30:28Speaker 1: like that. I think we should throw him right into
- 30:31Speaker 1: a live volcano. I mean, if you're convicted and the
- 30:34Speaker 1: evidence is that apparent and there's no doubt that you're
- 30:38Speaker 1: the person who committed a crime such as this, then yeah,
- 30:42Speaker 1: death penalty should be on the table. And today in
- 30:46Speaker 1: that same vein, we have an article from Newsweek headline.
- 30:50Speaker 1: Idaho prosecutors will seek death penalty, says Casey Anthony Judge.
- 30:56Speaker 1: This article was authored by James Bickerton. Prosecutors are likely
- 31:02Speaker 1: to seek the death penalty against Brian Koberger, the suspect
- 31:06Speaker 1: accused of murdering four University of Idaho students, according to
- 31:10Speaker 1: Belvin Perry, the former Florida judge who presided over the
- 31:15Speaker 1: controversial Casey Anthony murder case. Look, This is certainly within
- 31:21Speaker 1: the bounds of what should be considered for a death
- 31:24Speaker 1: penalty case. And it'll be up to the prosecution to
- 31:27Speaker 1: make that argument. They'll have to make that argument before
- 31:30Speaker 1: the judge and before the jury. And if they can
- 31:34Speaker 1: convince the judge and the jury that this is gruesome enough,
- 31:38Speaker 1: this is horrendous enough that it should be a death
- 31:40Speaker 1: penalty case, then that's what it'll be. And my guess
- 31:43Speaker 1: is in a place like Idaho, which is a relatively
- 31:46Speaker 1: conservative place, You'll probably have the residents with the pitchforks
- 31:51Speaker 1: and the torches ready to put this guy to death.
- 31:55Speaker 1: And can you blame them considering what the state of
- 31:57Speaker 1: Idaho has just went through? You have to think the
- 32:00Speaker 1: prosecutors have a not in my state kind of attitude
- 32:04Speaker 1: at this point, and they want to prove a point
- 32:07Speaker 1: with Koberger. Koberger, 28, was arrested on December 30th on
- 32:12Speaker 1: four counts of first degree murder and burglary. Prosecutors allege
- 32:16Speaker 1: he killed Kaylee Gonsalves, Madison Mogan, Zanna Kernodle, and Ethan
- 32:20Speaker 1: Chapin at a shared student house in Moscow, Idaho, during
- 32:24Speaker 1: the early hours of November 13th. On January 1st, Jason Labar,
- 32:30Speaker 1: Koberger's public defender in Pennsylvania, where he was arrested, said
- 32:34Speaker 1: his client is eager to be exonerated of these charges
- 32:38Speaker 1: and should be presumed innocent until proven otherwise. And that
- 32:42Speaker 1: was all fine and well before the affidavit, right? Now, obviously,
- 32:46Speaker 1: if you're in the court or you're going to be
- 32:48Speaker 1: a juror, you have to be very, very clinical with
- 32:51Speaker 1: how you go about things. But people in the public,
- 32:54Speaker 1: we don't have any standard that we have to adhere to.
- 32:58Speaker 1: We take a look at evidence and then we say
- 33:00Speaker 1: to ourselves, damn, this dude looks guilty as hell. And
- 33:05Speaker 1: that's the way a lot of people feel at this point.
- 33:07Speaker 1: The evidence against Brian Koberger is very, very strong now.
- 33:12Speaker 1: We have not heard the defense or them poke holes
- 33:15Speaker 1: in that evidence. And obviously, we'll have to wait for
- 33:18Speaker 1: all of that to happen before we can say, oh, yeah,
- 33:20Speaker 1: this guy's definitely guilty. But it doesn't look good for him.
- 33:25Speaker 1: And usually when you have a strong affidavit like this
- 33:28Speaker 1: and you have this kind of charging document with this
- 33:31Speaker 1: much evidence in it, they usually have a plethora of
- 33:35Speaker 1: evidence behind the scenes that they haven't even unleashed yet.
- 33:41Speaker 1: A lot of times they'll hold back, meaning the prosecution.
- 33:44Speaker 1: And they'll only give enough to get that probable cause.
- 33:47Speaker 1: But after that, they want to wait for discovery and
- 33:50Speaker 1: drop this information on the defense like a thousand pounds
- 33:53Speaker 1: of bricks. We saw the same thing in the Maxwell trial.
- 33:58Speaker 1: There was so many documents that had to be passed
- 34:00Speaker 1: over to the defense that it wasn't even funny. But
- 34:04Speaker 1: they slow walked it. That way, the defense, they couldn't
- 34:07Speaker 1: find their footing really. And I expect the same thing here.
- 34:10Speaker 1: The prosecution is not going to be forthcoming with evidence
- 34:14Speaker 1: until it's time to be. And that's going to put
- 34:18Speaker 1: Brian Kohlberger and his defense team on their back foot.
- 34:24Speaker 1: Appearing on News Nation on Friday, Perry, who served as
- 34:27Speaker 1: Chief Justice of Florida's Ninth Judicial Circuit between 95 and 99,
- 34:33Speaker 1: then again from 2001 to 2014, was asked if Idaho
- 34:38Speaker 1: prosecutors are going to seek death in this case. Somebody
- 34:42Speaker 1: should ask Mr. Perry why they didn't throw Epstein in
- 34:44Speaker 1: jail for the rest of his life. He replied, I
- 34:48Speaker 1: certainly think, based upon the Idaho statute, that they will
- 34:51Speaker 1: seek the death penalty. Idaho has 11 statutory aggravating factors
- 34:57Speaker 1: in a quick examination of the statute. There are at
- 35:00Speaker 1: least five aggregate aggravating factors that would be applicable in
- 35:04Speaker 1: this case that would justify a sentence of death.
- 35:08Speaker 2: And look, I agree.
- 35:09Speaker 1: Like I said earlier, if all of this evidence bears out,
- 35:13Speaker 1: if it all bears fruit and everything points to Brian
- 35:16Speaker 1: Koberger and we go through the trial phase and he's
- 35:19Speaker 1: convicted of these crimes, 100 percent. death penalty. Someone like
- 35:25Speaker 1: this shouldn't be able to sit around in a jail cell,
- 35:28Speaker 1: collect fan mail, probably meet someone who wants to marry him.
- 35:31Speaker 1: You know the psychos that follow this kind of shit?
- 35:36Speaker 1: You know how people are, writing emails and sending letters
- 35:39Speaker 1: to serial killers and weirdos.
- 35:42Speaker 2: It's insane.
- 35:44Speaker 1: So in my opinion, if you murder four people in
- 35:47Speaker 1: cold blood like this, whether it be four college students
- 35:50Speaker 1: in their bed, or four people in a drug deal
- 35:53Speaker 1: gone bad. You should be put to death because you
- 35:57Speaker 1: have no business walking amongst the rest of us. You're
- 36:00Speaker 1: never going to be rehabilitated. So what's the point in
- 36:03Speaker 1: having you linger around in prison for the next 50
- 36:06Speaker 1: years on the taxpayer's dime? All you need is for
- 36:11Speaker 1: the jury to unanimously find one aggravating factor and find
- 36:15Speaker 1: that that factor is not outweighed by any mitigating factors.
- 36:20Speaker 1: So there's a high probability that death will be the
- 36:22Speaker 1: penalty in this particular case. And remember, there is no
- 36:26Speaker 1: insanity plea in Idaho. You can't say that you're insane
- 36:30Speaker 1: or you had a momentary lapse of insanity.
- 36:33Speaker 2: None of that jazz.
- 36:34Speaker 1: They'll throw your ass into a mental hospital until you're
- 36:38Speaker 1: competent enough to stand trial. You'll be in there like
- 36:41Speaker 1: Junior Soprano was after they tossed his ass in there.
- 36:46Speaker 1: So nobody's trying to go to no mental institution, right?
- 36:49Speaker 1: I'd rather sit on death row for the rest of
- 36:50Speaker 1: my life than sit in a home for the clinically insane.
- 36:54Speaker 2: No, thank you.
- 36:55Speaker 1: And then you look at his schooling and his background
- 36:57Speaker 1: and the fact that he was actively teaching and going
- 37:00Speaker 1: after his PhD. Even if insanity was an option here,
- 37:04Speaker 1: I don't think it would be a plausible one. In 2011,
- 37:09Speaker 1: Perry presided over the trial of Casey Anthony, who was
- 37:12Speaker 1: accused of murdering her two-year-old daughter, Kaylee Anthony, In 2008.
- 37:17Speaker 1: With prosecutors seeking the death penalty. Casey was found not guilty.
- 37:21Speaker 1: Of first degree murder. In July of 2011. After her
- 37:25Speaker 1: defense claimed Kaylee. Had drowned in a swimming pool. Though
- 37:29Speaker 1: she was convicted of lying to law enforcement. The verdict
- 37:32Speaker 1: sparked a heated debate. In legal and non-legal circles alike.
- 37:36Speaker 1: With the case branded. The social media trial. Of the century.
- 37:40Speaker 1: By Time Magazine. Now I really never followed this case.
- 37:44Speaker 2: While it was going on.
- 37:46Speaker 1: Honestly, I wasn't really interested in any of this sort
- 37:49Speaker 1: of thing back then. I was locked in worrying about,
- 37:52Speaker 1: you know, politics and stuff like that. I have a
- 37:54Speaker 1: degree in political science and that's usually what I was
- 37:58Speaker 1: following up until a few years ago when the Jeffrey
- 38:02Speaker 1: Epstein case smacked me in the mouth. Up until that point,
- 38:05Speaker 1: I had zero interest or zero desire to follow any
- 38:09Speaker 1: of these court trials or these true crime cases. Anything
- 38:13Speaker 1: like that was just outside of my wheelhouse. and nothing
- 38:16Speaker 1: I was paying attention to. So I've never really followed
- 38:21Speaker 1: the Casey Anthony case, and I've never even went to
- 38:24Speaker 1: really go back and dig into it. So I really
- 38:27Speaker 1: don't have too much to offer in the way of
- 38:29Speaker 1: Casey Anthony. During a separate News Nation interview on Thursday,
- 38:35Speaker 1: the parents of Kaylee Gonsalves said they want Koberger to
- 38:38Speaker 1: receive the death penalty if found guilty. Referring to life
- 38:42Speaker 1: in prison, Steve Gonsalves said, That's not a punishment equivalent
- 38:45Speaker 1: to being killed. That's God's role. And if you want
- 38:48Speaker 1: to play God's role, then you're going to have to
- 38:51Speaker 1: answer to him. If I was the judge and the jury,
- 38:54Speaker 1: I would do whatever the family wanted me to do.
- 38:57Speaker 1: I would ask the family, do you want this guy
- 38:59Speaker 1: put to death? And if they said yes, fine, that's
- 39:01Speaker 1: what would happen. I mean, enough is enough with these psychopaths,
- 39:06Speaker 1: these murderers, these lunatics getting these life sentences or getting
- 39:10Speaker 1: put on death row forever and never being executed. If
- 39:15Speaker 1: you have the evidence and it's ironclad evidence that the
- 39:18Speaker 1: person's responsible for taking the life of another human being
- 39:23Speaker 1: and you're in a state where the death penalty is
- 39:25Speaker 1: something that is possible, then it certainly has to be
- 39:28Speaker 1: looked at in each and every single case.
- 39:30Speaker 2: Case, right? And each and every case is unique.
- 39:33Speaker 1: And like I said earlier, I don't really ascribe to
- 39:36Speaker 1: the death penalty in most instances because you have to
- 39:40Speaker 1: have a lot of evidence proving that somebody murdered somebody
- 39:43Speaker 1: for me to be okay with the state taking the
- 39:47Speaker 1: life of a citizen of the United States of America
- 39:50Speaker 1: or anyone else. I'm just not down with the state
- 39:54Speaker 1: making those decisions. But in certain circumstances, certain people have
- 40:00Speaker 1: no business sharing our air. The probable cause affidavit used
- 40:06Speaker 1: to arrest Koberger was released on Thursday, revealing he was
- 40:10Speaker 1: near the student's shared house on at least 12 occasions
- 40:13Speaker 1: prior to the murders. It also said Dylan Mortensen, one
- 40:17Speaker 1: of the two housemates who survived the attack unharmed, had
- 40:20Speaker 1: seen a figure clad in black clothing and a mask
- 40:24Speaker 1: around the time the murders took place. Ann Taylor, Koberger's
- 40:28Speaker 1: Idaho public defender, has been contacted for comment.
- 40:32Speaker 2: Well, I don't know why you would do that.
- 40:34Speaker 1: She's under a gag order and she's not going to
- 40:36Speaker 1: be able to comment on what's going on in this case.
- 40:40Speaker 1: So asking the lawyers for comment, asking prosecution for comment,
- 40:44Speaker 1: it's going to go nowhere. All we're going to learn
- 40:46Speaker 1: at this point, folks, is what we're going to learn
- 40:49Speaker 1: in court filings during trial proceedings, leaks that might be
- 40:53Speaker 1: coming out. And there might be some other procedural stuff
- 40:57Speaker 1: that we, you know, we hear about, but anything coming
- 41:00Speaker 1: from people involved in the case, as far as lawyers
- 41:04Speaker 1: or prosecutors or anything like that, they're under a gag order.
- 41:08Speaker 2: So any information that gets.
- 41:10Speaker 1: Released will have to be released via a leak. And
- 41:14Speaker 1: So far, we haven't seen too many of those coming
- 41:17Speaker 1: from this investigation. So I don't know if we'll see
- 41:20Speaker 1: any leaks moving forward, but that's usually how information comes
- 41:24Speaker 1: out when there's a gag order. Either way, what do
- 41:28Speaker 1: you folks think? Do you think that Brian Koberger should
- 41:31Speaker 1: be put to death if he's found guilty? Shoot me
- 41:34Speaker 1: some emails and let me know. All right, folks, that's
- 41:37Speaker 1: going to do it for this one. If you'd like
- 41:39Speaker 1: to contact me, you can do that at bobbycapucci at protonmail.com.
- 41:44Speaker 1: That's B-O-B-B-Y-C-A-P-U-C-C-I at protonmail.com. You can also find me on
- 41:51Speaker 1: Twitter at B-O-B-B-Y underscore C-A-P-U-C-C-I. The link that I discussed
- 41:58Speaker 1: can be found in the description box.